| Chapter 134 |
| 2016 -- H 7679 SUBSTITUTE A Enacted 06/24/2016 |
| A N A C T |
| RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION OR REVOCATION OF LICENSES -- VIOLATIONS |
| Introduced By: Representatives DeSimone, Regunberg, Lima, and Almeida |
| Date Introduced: February 24, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 31-11-18 of the General Laws in Chapter 31-11 entitled |
| "Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows: |
| 31-11-18. Driving after denial, suspension, or revocation of license. -- (a) Any person |
| who drives a motor vehicle on any highway of this state who never applied for a license, or who |
| drives after his or her application for a license has been refused, or after his or her license has |
| expired, or who otherwise drives without a license, or at a time when his or her license to operate |
| is suspended, revoked, or cancelled, for reasons other than those provided for in ยง 31-11-18.1, |
| shall may be guilty of a misdemeanor. |
| (b) The division of motor vehicles, upon receiving a record of the conviction of any |
| person upon a charge of driving a motor vehicle while the license of the person was suspended, |
| shall suspend the person's license for an additional three (3) months. Upon receiving a record of |
| second violation, the division of motor vehicles shall suspend the license for an additional six (6) |
| months. Any subsequent conviction shall result in license revocation. Upon receiving a record of |
| conviction of any person upon a charge of driving after his or her application for a license has |
| been refused, or upon a charge of driving by one who never applied for a license or who |
| otherwise drives without a license, or after his or her license has expired or has been revoked or |
| canceled, the division of motor vehicles shall not issue a new license for an additional period of |
| one year from and after the date the person would otherwise have been entitled to apply for a new |
| license. |
| Upon a first conviction violation under this section, a fine civil penalty of not less than |
| two hundred fifty dollars ($250), nor more than five hundred dollars ($500), shall be imposed, |
| and imprisonment for a term not to exceed thirty (30) days may be imposed. For the second and |
| any subsequent conviction violation, a fine civil penalty of not less than three hundred fifty |
| dollars ($350, nor more than one thousand dollars ($1,000) five hundred dollars ($500), may be |
| imposed and an imprisonment for up to one year may be imposed. The imposition of fines may be |
| in addition to the suspension of license that may be imposed by the court. |
| (c) Any person convicted of a third or a subsequent violation of subsection (a) shall be |
| guilty of a misdemeanor and may, in the discretion of the sentencing judge, be imprisoned for a |
| term not exceeding ninety (90) days, fined not less than five hundred dollars ($500) nor more |
| than one thousand dollars ($1,000), or both. Additionally, the sentencing judge may suspend the |
| person's license for a period not to exceed ninety (90) days. |
| (d) Notwithstanding the provisions of subsection (a) of this section, any person driving |
| after his or her license has expired shall be issued a summons to appear in district court not fewer |
| than ten (10) days after the issuance of the summons, and shall not be taken into custody based |
| solely on this charge absent a warrant. Any person who shall cause his or her expired license to |
| be reinstated by the division of motor vehicles within ten (10) days after issuance of the summons |
| may present proof of reinstatement at the headquarters of the charging police department. |
| Presentation of proof of reinstatement within ten (10) days after the issuance of the summons |
| shall cause the summons to be voided and shall otherwise constitute a complete defense to the |
| charge of driving after expiration of license and a bar to prosecution for that charge. Any |
| summons or records relating to the summons convictions under subsection (c) shall be expunged |
| pursuant to the provisions of chapter 1.3 of title 12. For the purposes of this subsection, each of |
| the several state police barracks shall be considered as a separate police headquarters. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004842/SUB A |
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